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Harvard University has created a massive database from online testing for “Implicit Preference.” Unconscious bias is our innate neurological filtering process that allows us to quickly assess “safety” from “danger” Our task in a complex modern society is to sort out useful and harmful biases. “Unconscious bias” is not a matter of being a “bad” person. Biases however, can cause us to evaluate co-workers and acquaintances not only inaccurately, but also illegally. The challenge of the law is to implement a system of proof that allows a jury or judge to infer bias operated from circumstantial evidence. I think expert psychological opinion is sometimes needed to support how bias operates in managers who will vigorously declare under oath: “I am not biased.”

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